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90_SB0529ham001
LRB9002425THpkam01
1 AMENDMENT TO SENATE BILL 529
2 AMENDMENT NO. . Amend Senate Bill 529 by replacing
3 the title with the following:
4 "AN ACT relating to higher education. "; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Public University Energy Conservation Act.
9 Section 5. Definitions. In this Act words and phrases
10 have the meanings set forth in the following Sections
11 preceding Section 10.
12 Section 5.5. Public university. "Public university"
13 means any of the the following institutions of higher
14 learning: the University of Illinois, Southern Illinois
15 University, Northern Illinois University, Eastern Illinois
16 University, Western Illinois University, Northeastern
17 Illinois University, Chicago State University, Governors
18 State University, or Illinois State University, acting in
19 each case through its board of trustees or through a designee
20 of that board.
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1 Section 5-10. Energy conservation measure. "Energy
2 conservation measure" means any improvement, repair,
3 alteration, or betterment of any building or facility owned
4 or operated by a public university or any equipment, fixture,
5 or furnishing to be added to or used in any such building or
6 facility that is designed to reduce energy consumption or
7 operating costs, and may include, without limitation, one or
8 more of the following:
9 (1) Insulation of the building structure or systems
10 within the building.
11 (2) Storm windows or doors, caulking or
12 weatherstripping, multiglazed windows or doors, heat
13 absorbing or heat reflective glazed and coated window or
14 door systems, additional glazing, reductions in glass
15 area, or other window and door system modifications that
16 reduce energy consumption.
17 (3) Automated or computerized energy control
18 systems.
19 (4) Heating, ventilating, or air conditioning
20 system modifications or replacements.
21 (5) Replacement or modification of lighting
22 fixtures to increase the energy efficiency of the
23 lighting system without increasing the overall
24 illumination of a facility, unless an increase in
25 illumination is necessary to conform to the applicable
26 State or local building code for the lighting system
27 after the proposed modifications are made.
28 (6) Energy recovery systems.
29 (7) Energy conservation measures that provide
30 long-term operating cost reductions.
31 Section 5-15. Guaranteed energy savings contract.
32 "Guaranteed energy savings contract" means a contract for:
33 (i) the implementation of an energy audit, data collection,
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1 and other related analyses preliminary to the undertaking of
2 energy conservation measures; (ii) the evaluation and
3 recommendation of energy conservation measures; (iii) the
4 implementation of one or more energy conservation measures;
5 and (iv) the implementation of project monitoring and data
6 collection to verify post-installation energy consumption and
7 energy-related operating costs. The contract shall provide
8 that all payments, except obligations on termination of the
9 contract before its expiration, are to be made over time and
10 that the savings are guaranteed to the extent necessary to
11 pay the costs of the energy conservation measures.
12 Section 5-20. Qualified provider. "Qualified provider"
13 means a person or business whose employees are experienced
14 and trained in the design, implementation, or installation of
15 energy conservation measures. The minimum training required
16 for any person or employee under this Section shall be the
17 satisfactory completion of at least 40 hours of course
18 instruction dealing with energy conservation measures. A
19 qualified provider to whom the contract is awarded shall give
20 a sufficient bond to the public university for its faithful
21 performance.
22 Section 5-25. Request for proposals. "Request for
23 proposals" means a negotiated procurement. The request for
24 proposals shall be announced by the public university that
25 will administer the program through at least one public
26 notice, at least 10 days before the request date, in a
27 newspaper published in the county in which that public
28 university is located, or if no newspaper is published in
29 that county, in a newspaper of general circulation in the
30 area of that county, requesting innovative solutions and
31 proposals for energy conservation measures. Proposals
32 submitted shall be sealed. The request for proposals shall
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1 include all of the following:
2 (1) The name and address of the public university
3 that will administer the program.
4 (2) The name, address, title, and phone number of a
5 contact person.
6 (3) Notice indicating that the public university is
7 requesting qualified providers to propose energy
8 conservation measures through a guaranteed energy savings
9 contract.
10 (4) The date, time, and place where proposals must
11 be received.
12 (5) The evaluation criteria for assessing the
13 proposals.
14 (6) Any other stipulations and clarifications the
15 public university may require.
16 Section 10. Evaluation of proposal. Before entering
17 into a guaranteed energy savings contract under Section 15, a
18 public university shall submit a request for proposals. The
19 public university shall evaluate any sealed proposal from a
20 qualified provider. The evaluation shall analyze the
21 estimates of all costs of installations, modifications or
22 remodeling, including, without limitation, costs of a
23 pre-installation energy audit or analysis, design,
24 engineering, installation, maintenance, repairs, debt
25 service, conversions to a different energy or fuel source, or
26 post-installation project monitoring, data collection, and
27 reporting. The evaluation shall include a detailed analysis
28 of whether either the energy consumed or the operating costs,
29 or both, will be reduced. If technical assistance is not
30 available by a licensed architect or registered professional
31 engineer on the staff of the public university, then the
32 evaluation of the proposal shall be done by a registered
33 professional engineer or architect, who is retained by the
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1 public university. The public university may pay a
2 reasonable fee for evaluation of the proposal or include the
3 fee as part of the payments made under Section 20.
4 Section 15. Award of guaranteed energy savings contract.
5 Sealed proposals must be opened by the public university's
6 board of trustees or a designee of that board at a public
7 opening at which the contents of the proposals must be
8 announced. Each person or entity submitting a sealed
9 proposal must receive at least 10 days notice of the time and
10 place of the opening. The public university shall select the
11 qualified provider that best meets the needs of the district.
12 The public university shall provide public notice of the
13 meeting at which it proposes to award a guaranteed energy
14 savings contract and of the names of the parties to the
15 proposed contract and the purpose of the contract. The
16 public notice shall be made at least 10 days prior to the
17 meeting. After evaluating the proposals under Section 10, a
18 public university may enter into a guaranteed energy savings
19 contract with a qualified provider if it finds that the
20 amount it would spend on the energy conservation measures
21 recommended in the proposal would not exceed the amount to be
22 saved in either energy or operational costs, or both, within
23 a 10 year period from the date of installation, if the
24 recommendations in the proposal are followed.
25 Section 20. Guarantee. The guaranteed energy savings
26 contract shall include a written guarantee of the qualified
27 provider that either the energy or operational cost savings,
28 or both, will meet or exceed within 10 years the costs of the
29 energy conservation measures. The qualified provider shall
30 reimburse the public university for any shortfall of
31 guaranteed energy savings projected in the contract. A
32 qualified provider shall provide a sufficient bond to the
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1 public university for the installation and the faithful
2 performance of all the measures included in the contract.
3 The guaranteed energy savings contract may provide for
4 payments over a period of time, not to exceed 10 years from
5 the date of final installation of the measures.
6 Section 25. Installment payment; lease purchase. A
7 public university or 2 or more public universities in
8 combination may enter into an installment payment contract or
9 lease purchase agreement with a qualified provider for the
10 purchase and installation of energy conservation measures.
11 Each public university may issue certificates evidencing the
12 indebtedness incurred pursuant to the contracts or
13 agreements. Any such contract or agreement shall be valid
14 whether or not an appropriation with respect thereto is first
15 included in any annual or additional or supplemental budget
16 proposal, request, or recommendation submitted by or made
17 with respect to a public university under Section 8 of the
18 Board of Higher Education Act or as otherwise provided by
19 law. Each contract or agreement entered into by a public
20 university pursuant to this Section shall be authorized by
21 resolution of the board of trustees of that university.
22 Section 30. Term; budget and appropriations. Guaranteed
23 energy savings contracts may extend beyond the fiscal year in
24 which they become effective. The public university shall
25 include in its annual budget request and the Board of Higher
26 Education shall recommend an appropriation for each
27 subsequent fiscal year that is sufficient to pay and
28 discharge any amounts payable under guaranteed energy savings
29 contracts during that fiscal year.
30 Section 35. Operational and energy cost savings. The
31 public university shall document the operational and energy
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1 cost savings specified in the guaranteed energy savings
2 contract and designate and reserve that amount for an annual
3 payment of the contract. If the annual energy savings are
4 less than projected under the guaranteed energy savings
5 contract the qualified provider shall pay the difference as
6 provided in Section 20.
7 Sec. 40. Available funds. A public university may use
8 funds designated for operating or capital expenditures for
9 any guaranteed energy savings contract, including purchases
10 using installment payment contracts or lease purchase
11 agreements. A public university that enters into such a
12 contract or agreement may covenant in such contract or
13 agreement that payments made thereunder shall be payable from
14 the first funds legally available in each fiscal year.
15 Section 45. Funding. No grants or other funds or amounts
16 appropriated to a public university for any purpose shall be
17 reduced as a result of energy savings realized from a
18 guaranteed energy savings contract or a lease purchase
19 agreement for the purchase and installation of energy
20 conservation measures.
21 Section 75. The Higher Education Student Assistance Act
22 is amended by adding Section 38 as follows:
23 (110 ILCS 947/38 new)
24 Sec. 38. Monetary award program accountability. The
25 Illinois Student Assistance Commission is directed to assess
26 the educational persistence of monetary award program
27 recipients. An assessment under this Section shall include
28 an analysis of such factors as undergraduate educational
29 goals, chosen field of study, retention rates, and expected
30 time to complete a degree. The assessment also shall include
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1 an analysis of the academic success of monetary award program
2 recipients through a review of measures that are typically
3 associated with academic success, such as grade point
4 average, satisfactory academic progress, and credit hours
5 earned. Each analysis should take into consideration student
6 class level, dependency types, and the type of higher
7 education institution at which each monetary award program
8 recipient is enrolled. The Commission shall report its
9 findings to the General Assembly and the Board of Higher
10 Education by February 1, 1999 and at least every 2 years
11 thereafter.
12 Section 99. Effective date. This Act takes effect July
13 1, 1997.".